Man gets prison for sex encounter with teen

A Brighton Township man who packed a “bag of bondage” equipment for a sexual encounter with a 14-year-old girl was sentenced Wednesday to prison.

Michael Richard Herbert, 28, was sentenced in Livingston County Circuit Court in Howell to three years to 15 years in prison for third-degree criminal sexual conduct.

Authorities alleged Herbert chatted with a 14-year-old girl and then planned a sexual encounter with her in March. For that encounter, Herbert packed a bag that included sex-related items, including bondage equipment, the prosecution said.

Herbert’s attorney said the girl “never disagreed” with the encounter, but acknowledged that due to her age she could not give consent. The attorney said the girl “held herself out to be much older” than she disclosed to Herbert, who acknowledged that he knew the girl’s true age prior to any sexual acts.

Michigan law says a person under age 16 cannot consent to sexual acts.

Herbert was initially charged with three counts of third-degree criminal sexual conduct, but he entered a plea to one count while the prosecution dismissed the remaining two counts.